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charged on the

revenue.

38 VICTORIA, 5. All debentures made out and issued under the authority hereNo. 496. inbefore contained shall be and be deemed to be a primary charge (next Debentures to be in order to any debentures issued or to be issued under the authority of any Act of the Parliament of Victoria, and made by any such Act a primary charge) upon all the revenues of Victoria from whatever source arising, which shall be subject to the control of the Legislature thereof; and all interest thereon, and the principal when due, shall be paid by the Treasurer of Victoria out of such revenues under warrants to be issued by the Governor in priority of all demands except the charges and expenses of the collection of such revenues, and except the demands of the holders of debentures as aforesaid issued or to be issued under the authority of any such Act as aforesaid: Provided that nothing herein contained shall be construed to prejudice in any way the demands either for principal or interest of the holders of any such last-mentioned debentures.

Form of deben-.

tures. Schedule.

Transfer by delivery.

Sale of debentures.

Debentures may

by Government

6. All debentures made out and issued under the authority hereinbefore contained shall be in the form set forth in the Schedule hereto, and shall bear date on the day of the issuing thereof, and shall be numbered arithmetically beginning with the number one and so proceeding in an arithmetical progression wherein the common difference shall be one.

7. The said debentures shall be payable to the bearers thereof, and shall pass by delivery only and without any assignment or endorsement; and the bearer of every such debenture shall have the same rights and remedies as if he were expressly named therein.

8. The Treasurer of Victoria may under such regulations at such times and places in such sums on such conditions and in such manner as the Governor in Council may direct, offer or cause to be offered for sale such debentures.

9. The Governor in Council may authorize the whole or any be contracted for portion of the moneys to be raised by the sale of debentures to be issued under the authority hereinbefore contained to be negotiated or contracted for by an agent or agents to be appointed on behalf of the Government of Victoria by the Governor in Council.

agent.

Part of Public
Account.

Re-purchase of debentures.

Amendment of
section 5 of
"Public Works

Loan Act 1872."

10. All moneys raised under the authority herein contained shall be subject to the provisions contained in sections three, four, six, seven, and eight, of the "Public Works Loan Act 1872," and be applied to the purposes mentioned in the First Schedule thereto and no other.

11. The Governor in Council may from time to time authorize the Treasurer to repurchase the said debentures to the amount of such moneys as the Parliament of Victoria may by any Act appropriate for that purpose, and all debentures so re-purchased shall be forthwith cancelled and shall not be resold under any pretence or circumstance whatever.

12. In section five of the said recited Act the words "One hundred thousand pounds" are hereby repealed and the words "Three hundred thousand pounds" shall be inserted in lieu thereof.

13. In the Twelfth Schedule of the said recited Act the fee of 38 VICTORIA, No. 496. One halfpenny for every pound of stock transferred or transmitted is hereby abolished and the fee of Five shillings for form of power Amendment of of attorney is reduced to One shilling which shall be charged in lieu the Twelfth thereof.

Schedule "Public Works Loan Act 1872."

forging deben

14. Any person who shall forge or alter or shall offer utter or Penalty for dispose of or put off knowing the same to be forged or altered any tres &c. debenture or Treasury Bill made out and issued or purporting to be made out and issued under this Act shall be guilty of felony, and being thereof convicted shall be imprisoned for any term not exceeding ten years.

"Public Works

15. After the word "Melbourne" in the 18th section of the Section 18 of said recited Act the words "or any person appointed an attorney in Loan Act 1872" that behalf" shall be inserted therein and read with the said section amended. as if they had been inserted from the commencement of the said recited Act.

Eighth Schedule

of

Public Works Loan Act 1872"

amended.

16. In section 20 of the said recited Act the words "and no Section 20 and person shall be appointed an attorney for any of the purposes aforesaid unless he shall be such manager or other principal officer as aforesaid" shall be and the same are hereby repealed. And in the Eighth Schedule to the said recited Act the words "manager in the city of Melbourne" shall be and the same are hereby repealed.

SCHEDULE.

of

VICTORIAN GOVERNMENT DEBENTURE.

TRANSFERABLE BY DELIVERY,

Under the authority of "The Public Works Loan Act Amendment Act 1874."

This debenture entitles the bearer to

One thousand eight hundred and

pounds sterling on the first day
which with interest thereon

at the rate of Four pounds per centum per annum is hereby secured on the consolidated revenue of the colony of Victoria and the growing produce thereof, such interest being payable half-yearly on the first day of April and the first day of October in every year (dividend coupons for which are annexed) in Melbourne.

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Entered at the Audit Office in the Register of Debentures, folio day of

18

Treasurer.
this

The bearer of this debenture may alter the place of payment of principal and interest to the Treasury in Melbourne or the office of the Agent-General for Victoria in London by giving six months' notice in writing at the previous place of payment, the Treasury in Melbourne, or the office of the Agent-General for Victoria in London, as the case may be, of his wish to make such alteration, and getting the officer in Melbourne or Agent-General in London, as the case may be, to endorse on this debenture a memorandum of such

alteration.

Section 6.

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Preamble.

No fees to be taken for their own use by officers &c.

An Act to abolish the Taking of Fees for their own use by Officers in the Public Service in the colony of Victoria. [31st December 1851.] WHEREAS it is expedient that provision should be made to

abolish the taking of fees for their own use by officers in the service of the Government of Her Majesty in the colony of Victoria: Be it enacted by His Excellency the Lieutenant-Governor of the said colony of Victoria by and with the advice and consent of the Legislative Council thereof :

1. That from and after the first day of January which will be in the year of our Lord One thousand eight hundred and fifty-two, no person being in the employment whether permanent or temporary of the Government of the said colony receiving salary or remuneration payable to him out of the treasury of the said colony for his services, who shall perform by virtue of his office or of any commission, or who by rule or order of any court now existing or which may hereafter exist in the said colony, or of any judge of or other person presiding in such court, shall be directed to perform any act or duty relative to any proceeding of any nature depending in any court or relating to the administration of justice or of any other nature whatsoever, shall directly or indirectly take or receive for his own use any fee commission perquisite or emolument for performing such act or duty over and above his accustomed salary, any statute law custom or usage to the contrary notwithstanding; and if any such person shall perform any such act or duty by himself or by a deputy and shall by himself or by such deputy receive any fee or sum of money payable or to be paid by the person for whom or at whose instance or request or for whose benefit the same is performed, he shall within the space of one calendar month pay the same into the treasury of the said colony; and every such person who shall wilfully fail to comply with the conditions herein contained shall be deemed guilty of embezzlement of the public revenue of Her Majesty, and shall be liable to be tried for such offence before any court having competent jurisdiction and if found guilty to be punished accordingly.

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WHEREAS the civil and religious rights and liberties of all Her Preamble.

Majesty's subjects in Victoria are and ought to be absolutely equal irrespective of their faith or form of belief: And whereas for the purpose of openly recognising and continuing such equality and of removing anything which may be deemed or construed to separate or distinguish any class of such subjects in this colony from any other class thereof, and in order to promote the harmony and welfare of the people, it is expedient to provide and establish two uniform oaths or affirmations of allegiance and office respectively in lieu of the oaths and declaration now by law required in that behalf: Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :

:

1. From and after the passing of this Act, in every case where oaths abolished. but for the passing of this Act it would be necessary for any person

to take the oaths of allegiance supremacy and abjuration or any of

them or the oath prescribed by the Act of Parliament commonly 10 Geo. IV. c. 7. called "The Roman Catholic Relief Act" or to make the declaration

prescribed by the Act of Parliament passed in the ninth year of the 9 Geo. IV. c. 17. reign of King George the Fourth chapter seventeen, it shall be sufficient for such person to take in lieu of the said oaths and

declaration the oath set forth in the First Schedule to this Act, First Schedule. anything in the said Acts or in any other Statute Act or law to the contrary notwithstanding.

2. The oath of office to be hereafter taken by persons who shall Oath of public accept any office or place in the public service of the said colony (in officer. fieu of the oath in that behalf heretofore taken) shall be the oath set forth in the Second Schedule hereto.

Second Schedule.

reign to be named

in oath.

3. In case of the demise of Her Majesty (whom may God long Reigning Sovepreserve) the name of Her Majesty's successor for the time being shall be substituted in the form of oath instead of the name of Her 21 & 22 Vict. Majesty.

c. 48 s. 2.

21 VICTORIA, No. 45.

Affirmation in lieu of oath. Last Schedule.

21 & 22 Vict.

c. 48 s. 3.

Time of swearing or affirming.

Oath or affirmation to be valid

notwithstanding

4. If any person shall be unwilling from alleged conscientious motives to be sworn, it shall be lawful for such person instead of being sworn to make his solemn affirmation in the form contained in the last Schedule to this Act; which solemn affirmation shall be of the same force and effect as if such person had taken an oath in the form hereinbefore prescribed in that behalf.

5. Every oath and affirmation taken and made under this Act may be taken and made at any hour of the day.

6. Every oath or affirmation taken or made under this Act in which the name of Her Majesty or any of her successors is or shall demise of Sove be mentioned shall be valid and sufficient, notwithstanding the demise of Her Majesty, if such demise shall not have been proelaimed in Victoria.

reign.

Section 1.

THE FIRST SCHEDULE.

OATH OF ALLEGIANCE.

I A.B. do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria her heirs and successors lawful Sovereigns of the United Kingdom of Great Britain and Ireland and of this Colony of Victoria. So help me God.

Section 2.

THE SECOND SCHEDULE.

I A.B. do sincerely promise and swear that as a judge of the Supreme Court of Victoria or as a justice of the peace for the colony of Victoria or the city town or district or municipal district of [or as the case may be] in the Colony of Victoria I will at all times and in all things do equal justice to the poor and to the rich and discharge the duties of my office according to law and to the best of my knowledge and ability without fear favor or affection [or if the officer is not a judicial one omitting the words "do equal justice to the poor and the rich and" and then proceeding as above to the end.]

So help me God.

Section 4.

THE LAST SCHEDULE.

I A.B. do solemnly sincerely and truly affirm and declare that the taking of any oath is according to my religious belief unlawful and I do also solemnly sincerely and truly promise affirm and declare that [the remainder of this affirmation is to be in the form in the first or second schedule as the case may be after the word "that" but omitting the words "So help me God."]

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